A married
perfon convicted
of
whoredom i
to be Jloned.
between the confeffion and the denial, a doubt arifes concerning the
confeffion; and punifhment drops in confequence of any doubt:
contrary to intimations which involve the rights of individuals,
(fuch as retaliation, and punifhment for flander,) as the claimant of
the right, in thofe cafes', is the difprover of the perfon who has
confeffed, when he afterwards denies, which is not the cafe in any
matter involving merely a right o f the law.
It is laudable in the Kdzee, or Imam, before whom confeffion of
whoredom may be made, to inftruft the perfon confeffing to deny it,
by faying to him “ Perhaps you have only kiffed or touched her,”
becaufe the prophet fpoke fo to Mdaz;— and Mohammed, in the
Mabfoot, adds that the judge may alfo examine the confeffing perfon
with refpedt to fuch circumftances as, if made to appear, would tend
to his entire exculpation, fuch as, “ whether the fa£t confeffed may
“ not have been committed in marriage," or “ under an erroneous
“ mifconception of its legality ?”
S E C T I O N .
O f the Manner o f Punijhment, and the Infliction thereof
W h e n a perfon is fully convicted of whoredom, if he be married
let him undergo the puniffiment of Rajim, that is, lapidation, or
Honing to death, becaufe the prophet condemned Mdaz to be thus
floned to death, who was married; and he has alfo declared, “ It is
v unlawful to fp ill the blood o f a Muffulman, excepting only fo r three
“ caufes, namely a p o s t a c y , w h o r e d o m after marriage, and m u r -
h d e r ”— and in this all the companions likewife unite.
It
I t is neceflary, when a whoremonger is to be floned to death,
that he fhould be carried to fome barren place, void of houfes or cultivation
; and it is requifite that the floning be executed,— firft by the
witneffes, and after them by the Imam or Kdzee, and after thofe
by the reft of the by-ftanders, becaufe it is fo recorded from Alee, and
alfo, becaufe in the circumftance ofothe execution being begun by
the witneffes there is a precaution, fince a perfon may be very bold
in delivering his evidence againft a criminal, but afterwards,, when
directed -himfelf to commence the infliction of that punifhment
which is, a confequence of it, may from compunction retract his
teftimony; thus caufing the witneffes to-begin the punifhment may
be a means of entirely preventing it. Shafe'i has,; faid that the wit-
nefles beginning the punifhment is not a requifite, in a cafe of lapida-
iion, any more than in a cafe offcourging. T o this our doctors reply
that reafoning upon a cafe of lapidation from a cafe of fcourging is
fuppofing an analogy between things which are effentially different,
becaufe all perfons .are not acquainted with the proper method of inflicting,
flagellation,, and hence, i f a witnefs thus ignorant were to
attempt it, it might prove fatal to the fufferer, and he would die
where death is .not his due: contrary to a cafe of lapidation, as that is
o f a deftruCtive nature, and what every perfon.is. equally capable of
executing, wherefore if the witneffes fhrink back from the commencement
of lapidation, the punifhment drops, becaufe their reluCtance
argues their retractation. In the fame manner punifhment is remitted
when the witneffes happen to die or to difappear, as in this cafe
the condition, namely, tJjifcommncement o f it by the witneffes, is
defeated. This is when the whoredom is eftablifhed upon the teftimony
of witneffes: but when it is,eftablifhed upon the confeffion of the
offender, it is then requifite that the lapidation be executed, firft by
the Imam or the Kdzee, and after them by the reft of the multitude,
becaufe it is fo recorded from Alee; moreover, the prophet threw a
fmall ftone like a bean at Ghanjdeea who had confeffed whoredom.
What is faid upon this fubjeCt is taken from tht Zdbir-Rawdyet.
V o1 IL C T he
Mode o f executing
lapidation.